Reckless driving is driving with a willful or wanton disregard for safety or the operation of a vehicle in which you show a willful disregard of consequences. When someone is cited for this traffic offense, it is because they have shown a disregard for the rules of the road and may or may not have caused an accident or property damage. But as a threshold issue, the driver normally has to do something more than mere negligence in the operation of a vehicle to be cited for reckless driving.
Reckless Driving: Basics of the Offense
Most states have laws addressing willfully dangerous driving. In some states, the violation is called "reckless driving," while other states may use the terms "careless driving" or "dangerous driving" to describe the same violation. Reckless driving is one of the most serious traffic offenses and is typically charged as a misdemeanor (as opposed to an infraction). Conviction can result in penalties ranging from heavy fines to incarceration in certain cases, depending on state laws.
In some states, certain acts automatically are considered reckless, such as:
Reckless Driving: State Laws
Alabama | Reckless driving (AL Code 32-5A-190) |
Alaska | Reckless driving (AK Statutes scroll to 28.35.400) |
Arizona | Reckless driving (ARS 28-693) |
Arkansas | Reckless driving (AR Code 27-50-308) |
California | Reckless Driving (California Vehicle Code Section 23103) Reckless Driving: Bodily Injury (California Vehicle Code Section 23104) |
Colorado | Reckless driving - penalty (CRS 42-4-1401) |
Connecticut | Reckless driving (GSC section 14-222) |
Delaware | Reckless driving (DE Code Title 21 section 4175) |
District of Columbia | Speeding and reckless driving (DC Code section 50-2201.04) |
Florida | Reckless driving (FS 316.192) |
Georgia |
(Georgia Code 40-6-390) |
Hawaii | Reckless driving of vehicle (HRS section 291-2) |
Idaho | Reckless driving (ID Statutes section 49-1401) |
Illinois | Driving While Intoxicated...and Reckless Driving (625 ILCS 5/11-500 to 5/11-505) |
Indiana | Reckless Driving; Class B Misdemeanor; Damage to Property; Suspension(scroll) (Indiana Code 9-21-8-52) |
Iowa | Reckless driving (IA Code section 321.277) |
Kansas | Reckless driving; penalties (KS Statutes 8-1566) |
Kentucky | Operator of vehicle to drive carefully (KRS 189.290) |
Louisiana | Careless operation (LRS 32:58) |
Maine | Driving to endanger (MRS Title 29-A section 2413) |
Maryland | Reckless and negligent driving (MD Transp. Code section 21-901.1) |
Massachusetts | Law of the road (MGL chapter 89) |
Michigan | Driving while intoxicated, and reckless driving (MI Vehicle Code sections 257.625 to 257.626c) |
Minnesota | Reckless or careless driving (MN Statute 169.13) |
Mississippi | Reckless driving (MS Code 63-3-1201) |
Missouri | Motorists to exercise highest degree of care (MRS 304.012) |
Montana | Reckless driving (MCA section 61-8-301) |
Nebraska | Reckless driving (R.R.S. Nebr. ยง 60-6, 213) |
Nevada | Reckless driving (NRS 484.377) |
New Hampshire | Reckless driving; minimum penalty (NH Statutes 265:79) |
New Jersey | Reckless driving (NJ Statutes 39:4-96) |
New Mexico | Reckless driving (NMS 66-8-113) |
New York | Reckless driving (NY Vehicle & Traffic Code section 1212) |
North Carolina | Reckless driving (NCGS section 20-140) |
North Dakota | Reckless driving (ND Code Chapter 39-08 scroll to 39-08-03) |
Ohio | Willful or wanton operation on street or highway (ORC section 4511.20) |
Oklahoma | Reckless driving (OK Statute 47-11-901) |
Oregon | Rules of the Road: Careless and Reckless Driving (OR Vehicle Code scroll to 811.135 to 811.140) |
Pennsylvania | Miscellaneous Provisions: Reckless Driving (PA Vehicle Code Ch. 37; scroll to Section 3736) |
Rhode Island | Reckless driving and other offenses against public safety (RI Code 31-27-4) |
South Carolina | Reckless driving (SC Code scroll to section 56-5-2920) |
South Dakota | Reckless and Unsafe Driving (SD Codified Laws Ch. 32-24) |
Tennessee | Reckless driving (TN Code section 55-10-205) |
Texas | Operation and Movement of Vehicles (TX Transp. Code Ch. 545.401) |
Utah | Reckless driving -- Penalty (UT Code 41-6a-528) |
Vermont | Negligent operation; grossly negligent operation (23 VSA section 1091) |
Virginia | Reckless driving (VA Code 46.2-852) Reckless driving; penalties (VA Code 46.2-868) |
Washington | Reckless driving - penalty (RCW section 46.61.500) |
West Virginia | Reckless driving (WV Code section 17C-5-3) |
Wisconsin | Reckless driving (WI Code Chapter 346 scroll to section 346.62) |
Wyoming | Reckless driving (WY Statutes Title 31, Ch. 5 scroll to 31-5-229) |
Reckless Driving Citation? Get Legal Professional Help
Reckless driving is a serious charge and can result in steep fines, loss of driving privileges, or even jail time in some instances. If you have been cited with a reckless driving ticket and are going to plead not guilty, you would be wise to contact an experienced traffic ticket attorney in your area.